CIT v. Shankarlal Bhagwatiprasad Jalan. (2018) 407 ITR 152 (Bom) (HC) Editorial: SLP of revenue is dismissed , CIT v. Shankarlal Bhagwatiprasad Jalan. (2018) 405 ITR 14 (St)

S. 132(4) : Search and seizure – Statement on oath –Block assessment -Declaration after search has no evidentiary value — Additions cannot be made on basis of such declaration. [ S. 158BC ]

Dismissing the appeal of the revenue the Court held that; the Tribunal was justified in law in deciding that the letter dated January 15, 1998 of the assessee addressed to the Assistant Director about the disclosure of Rs. 80 lakhs as income had no evidentiary value as stated under section 132(4) . Court also observed that  a bare reading of section 132(4) of the Income-tax Act, 1961 , indicates that an authorized officer is entitled to examine a person on oath during the course of search and any statement made during such examination by such person (the person being examined on oath) would have evidentiary value under section 132(4) . [BP.1988-89 to 1998-99  ]